Northwest Equipment Sales Co. v. Western Packers, Inc.

623 F.2d 92 29 UCC Rep.Serv. 1078 NORTHWEST EQUIPMENT SALES CO., a Washington Corporation, Plaintiff-Appellee, v. WESTERN PACKERS, INC., an Idaho Corporation, Defendant-Appellant, The Small Business Administration, United States Government, Defendants. No. 78-1043. United States Court of Appeals, Ninth Circuit. July 10, 1980. Herbert W. Rettig, Rettig, Rosenberry & Roberts, Caldwell, Idaho, for defendant-appellant. William F. Almon, Halverson, Applegate, McDonald, Bond, Grahn, Wiehl & Almon, Yakima, Wash., for plaintiff-appellee. Appeal from the United States District Court for the District of Idaho. Before SKELTON * , Judge, and FARRIS and PREGERSON, Circuit Judges. FARRIS, Circuit Judge: 1 Western Packers, Inc. is appealing from the Idaho federal district court's decision that appellee Northwest Equipment Sales Co. has a security interest in certain fixtures which is prior to the interest that Western acquired by purchasing the fixtures at a foreclosure sale. Under Idaho law, the foreclosure sale discharged Northwest Equipment's security interest. We, therefore, reverse and remand for the district court to enter an order directing Northwest to refund the judgment paid by…